Judge appoints monitor, issues restrictions on Arpaio's department

10/2/13 6:24 PM EDT

Following up from a decision in May that the Maricopa County Sheriff's Office run by controversial Sheriff Joe Arpaio was engaging in unconstitutional racial profiling, a federal judge on Wednesday put strict restrictions on the office to prevent profiling in the future.

U.S. District Judge G. Murray Snow issued a 59-page order (posted here) on Wednesday laying out the requirements for the sheriff's office, which include the appointment of an independent monitor to oversee the department and ensure no racial profiling occurs.

Under the ruling, the department will be required to update and distribute its policies explicitly stating racial profiling is not allowed, as well as conduct training for all officers on discriminatory practices.

Regarding traffic stops, the judge ruled that all stops must be recorded with audio and video, officers will be required to radio in the reason for making a traffic stop before making contact with the individuals inside the vehicle, they won't be allowed to extend the traffic stop beyond the time necessary to acheive the original reason for making the stop and must record the duration, and they will need to know what forms of identification beyond state-issued IDs and driver's licenses are acceptable and may not ask for a Social Security card unless it is necessary.

The judge also ordered that details of every traffic stop be recorded and periodically audited, including the officer making the stop, reason for the stop, length of the stop and any questions asked about immigration status. The information submitted by officers will be checked against in-car recording equipment, as well, the judge ruled.

The order also sets strict limits on how officers can ask individuals immigration-related questions, including barring officers from using a person speaking Spanish, having an accent or looking Latino as a reason for suspicion.

All districts will also be required to engage in community outreach, including meetings with the public to inform them of the new policies, with English and Spanish speakers available to answer questions. Each district will also have a bilingual community liason officer and create a community advisory board made of members of the community.

The lawsuit, Ortega Melendres v. Arpaio, was brought by a group of Latino residents and a community group, represented by the American Civil Liberties Union of Arizona and other rights organizations. The ACLU hailed the judge's order on Wednesday.

"Under the measures put in place by the court, Sheriff Arpaio and his deputies will no longer be able to run roughshod over people’s basic rights as guaranteed by the Constitution,” said Cecillia Wang, director of the ACLU Immigrants’ Rights Project in a statement.

The order will be in effect for no less than three years, the judge ruled.